Dialogue, Reforms, Security: The OSCE in Ukraine by Dr. h.c. Gernot Erler
This Part applies to two groups of offences—
any offence mentioned in subsection (2) (a “Group A offence”); and
any offence mentioned in subsection (3) (a “Group B offence”).
The Group A offences are—
an offence under any of the following provisions of the Theft Act 1968— section 1 (theft); ... ... ... section 17 (false accounting); section 19 (false statements by company directors, etc.); ... section 21 (blackmail); section 22 (handling stolen goods); section 24A (retaining credits from dishonest sources, etc.
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an offence under any of the following provisions of the Forgery and Counterfeiting Act 1981— section 1 (forgery); section 2 (copying a false instrument); section 3 (using a false instrument); section 4 (using a copy of a false instrument); section 5 (offences which relate to money orders, share certificates, passports, etc.); section 14 (offences of counterfeiting notes and coins); section 15 (offences of passing etc counterfeit notes and coins); section 16 (offences involving the custody or control of counterfeit notes and coins); section 17 (offences involving the making or custody or control of counterfeiting materials and implements); section 20 (prohibition of importation of counterfeit notes and coins); section 21 (prohibition of exportation of counterfeit notes and coins);
an offence under any of the following provisions of the Fraud Act 2006—
section 1 (fraud);
section 6 (possession etc. of articles for use in frauds);
section 7 (making or supplying articles for use in frauds);
section 9 (participating in fraudulent business carried on by sole trader etc.);
section 11 (obtaining services dishonestly).
the common law offence of cheating in relation to the public revenue.
an offence under any of sections 4 to 6 of the Identity Documents Act 2010;
The Group B offences are—
conspiracy to commit a Group A offence;
conspiracy to defraud;
attempting to commit a Group A offence;
incitement to commit a Group A offence.
the common law offence of cheating in relation to the public revenue.
The Secretary of State may by order amend subsection (2) or (3) by adding or removing any offence.
The power to make such an order shall be exercisable by statutory instrument.
No order shall be made under subsection (4) unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
For the purposes of this Part, “relevant event”, in relation to any Group A offence, means (subject to subsection (1A)) any act or omission or other event (including any result of one or more acts or omissions) proof of which is required for conviction of the offence.
For the purpose of determining whether or not a particular event is a relevant event in relation to a Group A offence, any question as to where it occurred is to be disregarded.
In relation to an offence under section 1 of the Fraud Act 2006 (fraud), “relevant event” includes—
if the fraud involved an intention to make a gain and the gain occurred, that occurrence;
if the fraud involved an intention to cause a loss or to expose another to a risk of loss and the loss occurred, that occurrence.
A person may be guilty of a Group A offence if any of the events which are relevant events in relation to the offence occurred in England and Wales.
A person may be guilty of a Group A or Group B offence whether or not—
he was a British citizen at any material time;
he was in England and Wales at any such time.
On a charge of conspiracy to commit a Group A offence, or on a charge of conspiracy to defraud in England and Wales, the defendant may be guilty of the offence whether or not—
he became a party to the conspiracy in England and Wales;
any act or omission or other event in relation to the conspiracy occurred in England and Wales.
On a charge of attempting to commit a Group A offence, the defendant may be guilty of the offence whether or not—
the attempt was made in England and Wales;
it had an effect in England and Wales.
Subsection (1)(a) does not apply where jurisdiction is given to try the offence in question by an enactment which makes provision by reference to the nationality of the person charged.
Subsection (2) does not apply in relation to any charge under the Criminal Law Act 1977 brought by virtue of section 1A of that Act.
Subsection (3) does not apply in relation to any charge under the Criminal Attempts Act 1981 brought by virtue of section 1A of that Act.
In relation to a Group A or Group B offence—
there is an obtaining of property in England and Wales if the property is either despatched from or received at a place in England and Wales; and
there is a communication in England and Wales of any information, instruction, request, demand or other matter if it is sent by any means—
from a place in England and Wales to a place elsewhere; or
from a place elsewhere to a place in England and Wales.
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The following section shall be inserted in the Criminal Attempts Act 1981, after section 1—.
A person may be guilty of conspiracy to defraud if— and the conspiracy would be triable in England and Wales but for the fraud which the parties to it had in view not being intended to take place in England and Wales.
a party to the agreement constituting the conspiracy, or a party’s agent, did anything in England and Wales in relation to the agreement before its formation, or
a party to it became a party in England and Wales (by joining it either in person or through an agent), or
a party to it, or a party’s agent, did or omitted anything in England and Wales in pursuance of it,
A person may be guilty of incitement to commit a Group A offence if the incitement—
takes place in England and Wales; and
would be triable in England and Wales but for what the person charged had in view not being an offence triable in England and Wales.
Subsections (3) and (4) are subject to section 6.
A person is guilty of an offence triable . . . by virtue of section 5(3), only if the pursuit of the agreed course of conduct would at some stage involve— constituting an offence under the law in force where the act, omission or other event was intended to take place.
an act or omission by one or more of the parties, or
the happening of some other event,
A person is guilty of an offence triable by virtue of section 1A of the Criminal Attempts Act 1981, or by virtue of section 5(4), only if what he had in view would involve the commission of an offence under the law in force where the whole or any part of it was intended to take place.
Conduct punishable under the law in force in any place is an offence under that law for the purposes of this section, however it is described in that law.
Subject to subsection (6), a condition specified in subsection (1) or (2) shall be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice—
stating that, on the facts as alleged with respect to the relevant conduct, the condition is not in their opinion satisfied;
showing their grounds for that opinion; and
requiring the prosecution to show that it is satisfied.
In subsection (4) “the relevant conduct” means—
where the condition in subsection (1) is in question, the agreed course of conduct; and
where the condition in subsection (2) is in question, what the defendant had in view.
The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without the prior service of a notice under subsection (4).
In the Crown Court, the question whether the condition is satisfied shall be decided by the judge alone.
The following paragraph shall be inserted in section 9(3) of the Criminal Justice Act 1987 (preparatory hearing in a case of serious fraud), before paragraph (b)—.
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After subsection (7) of that section there shall be inserted—.
In subsection (3) of section 4 of the Act of 1986 (amount to be recovered under confiscation order), for the words from “the amount appearing” to the end there shall be substituted —.
Section 2 of the Drug Trafficking Offences Act 1986 (assessing proceeds of drug trafficking) shall be amended as follows.
In subsection (2)—
for “may” there shall be substituted “shall”; and
for the words from “following” to the end there shall be substituted “required assumptions”.
After subsection (2), there shall be inserted—.
In subsection (3)—
for “Those” there shall be substituted “The required”; and
in paragraph (a)(i), for “him” there shall be substituted “the defendant”.
Section 3 of the Drug Trafficking Offences Act 1986 (statements relating to drug trafficking) shall be amended in accordance with subsections (2) to (4).
For subsections (1) and (2), there shall be substituted—.
In subsection (3), for “statement” there shall be substituted “prosecutor’s statement in question”.
For subsection (5) there shall be substituted—.
The following section shall be inserted in the Act of 1986, after section 3—.
In section 5(3) of the Act of 1986 the words “sections 3 and 4 of” shall be omitted.
Section 14 of the Drug Trafficking Offences Act 1986 (variation of confiscation orders) shall be amended as follows.
In subsection (1) (variation on application of defendant), after “defendant” there shall be inserted “or a receiver appointed under section 8 or 11 of this Act, or in pursuance of a charging order, made”.
In subsection (3), for “defendant” there shall be substituted “person who applied for it”.
The following shall be inserted at the end—.
In section 6 of the Drug Trafficking Offences Act 1986 (default in complying with confiscation order: application of procedure for enforcing fines), the following subsection shall be added at the end—.
Section 7 of the Act of 1986 (cases in which restraint orders and charging orders may be made) shall be amended as set out in subsections (3) to (5).
The following subsection shall be substituted for subsection (1)—.
The following subsection shall be substituted for subsection (2)—.
The following subsections shall be added at the end—.
In section 8 of the Act of 1986 (restraint orders), the following subsection shall be substituted for subsection (5)—.
In section 9 of the Act of 1986 (charging orders), the following subsection shall be substituted for subsection (7)—.
In section 11 of the Act of 1986 (realisation of property), the following subsection shall be substituted for subsection (1)—.
In section 15 of the Act of 1986 (bankruptcy of defendant), the following shall be substituted for paragraphs (a) and (b) of subsection (6)—.
In section 16 of the Act of 1986 (sequestration in Scotland), the following shall be substituted for paragraphs (a) and (b) of subsection (6)—.
In section 38 of the Act of 1986 (interpretation), the following subsections shall be substituted for subsection (12)—.
The following sections shall be inserted in the Drug Trafficking Offences Act 1986, after section 4—.
In section 6 of the Act of 1986 (application of procedure for enforcing fines), in subsection (6), after the words “made by”, where they first occur, there shall be inserted “the High Court, by virtue of section 4A of this Act, or by”.
The following subsection shall be added at the end of section 6 of the Act of 1986—.
The following section shall be inserted in the Drug Trafficking Offences Act 1986 at the appropriate place—.
In section 2(4) of the Act of 1986 (circumstances where assumptions are not to be made), after first “section” there shall be inserted “23A or”.
The following section shall be inserted in the Criminal Justice (Scotland) Act 1987, after section 42—.
In section 3(3) of the Act of 1987 (circumstances where assumptions are not to be made), after the word “section” where it first occurs there shall be inserted the words “ 42A or ”.
The following sections shall be inserted in the Drug Trafficking Offences Act 1986, after section 26A—.
In section 24 of the Drug Trafficking Offences Act 1986 (assisting another to retain the benefit of drug trafficking), in subsection (3)(a) for the word “contract” there shall be substituted “statute or otherwise”.
In section 24 of the Act of 1986, the following subsection shall be inserted after subsection (4)—.
The following sections shall be inserted after section 43 of the Criminal Justice (Scotland) Act 1987—.
In section 43 of the Act of 1987 (assisting another to retain the proceeds of drug trafficking)—
in subsection (3), after the words “trafficking or” there shall be inserted the words “ discloses to a constable or a person so commissioned ”; and
in paragraph (a) of subsection (3), for the word “contract” there shall be substituted “ statute or otherwise ”.
After subsection (4) of that section, there shall be inserted the following subsection—.
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The following section shall be inserted in the Criminal Justice (Scotland) Act 1987, after section 40—.
In section 9 of the Criminal Justice (International Co-operation) Act 1990 (enforcement of overseas forfeiture orders), in subsection (1)(b), the words “ or intended for use ” shall be inserted after “used”.
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The same subsection as is inserted in section 24A of the Act of 1986 by subsection (2) shall be inserted in—
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section 29 of the Criminal Justice (Scotland) Act 1987 (but in substitution for subsection (4));
section 30 of the Act of 1987 (but in substitution for subsection (5));
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section 9 of the Criminal Justice (International Co-operation) Act 1990 (but in substitution for subsection (5)).
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In section 29 of the Criminal Justice (Scotland) Act 1987 (enforcement of Northern Ireland orders), the following subsection shall be inserted after subsection (3)—.
The functions of the Secretary of State under section 20 of the Criminal Justice (International Co-operation) Act 1990 (enforcement powers in relation to ships) are transferred to the Commissioners of Customs and Excise.
The following consequential amendments shall be made in the Act of 1990—
in section 20, for “Secretary of State”, “he” and “his”, wherever they occur, there shall be substituted, respectively, “ Commissioners of Customs and Excise ”, “ they ” and “ their ”;
in section 21(3), for “ Secretary of State”, where first occurring, there shall be substituted “ Commissioners of Customs and Excise ”; and
in paragraph 2(2) of Schedule 3, for “Secretary of State” there shall be substituted “ Commissioners of Customs and Excise ”.
The transfer of functions effected by this section shall not affect the validity of any action taken or begun under section 20 of the Act of 1990 before the coming into force of this section.
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Section 1 of the Criminal Justice (Scotland) Act 1987 (confiscation orders in relation to drug trafficking offences) shall be amended in accordance with subsections (13) to (15).
In subsection (2) (offences in relation to which confiscation orders may be made), the following paragraph shall be inserted after paragraph (b)—.
In subsection (6) (definition of “drug trafficking”), after paragraph (e) there shall be inserted the following paragraphs—.
After subsection (6) there shall be inserted the following subsection—.
The following sections shall be inserted in the Criminal Justice (International Co-operation) Act 1990, after section 26—.
The Act of 1990 shall be further amended as follows.
In section 26 (forfeiture of drug trafficking cash), after subsection (3) there shall be inserted the following subsection—.
In section 28 (procedure), the words “or appeals” shall be inserted after the word “applications” in each place where it occurs in subsection (2).
In section 30 (forfeited cash to be paid into the Consolidated Fund), the following subsection shall be added at the end—.
The amendments made by this section apply only in relation to orders under section 26 of the Act of 1990 made on or after the date on which this section comes into force.
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The same subsections as are inserted in section 31 of the Act of 1986 by subsection (1) shall be inserted in section 42 of the Criminal Justice (Scotland) Act 1987 (corresponding Scottish provision).
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Section 71 of the Criminal Justice Act 1988 (confiscation orders) shall be amended as follows.
The following subsection shall be inserted after subsection (7)—.
The following subsection shall be inserted at the end—.
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The following section shall be inserted in the Criminal Justice Act 1988, after section 93—.
“proceeds of criminal conduct”, in relation to any person who has benefited from criminal conduct, means that benefit;
Criminal conduct Section 93A(7)
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In section 94 of the Criminal Justice Act 1988 (enforcement of Northern Ireland orders), in subsection (1), for “89” there shall be substituted “88” and the following subsection shall be inserted after subsection (3)—.
In section 95 of the Act of 1988 (enforcement of Northern Ireland orders in Scotland), the following subsection shall be inserted after subsection (2)—.
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In section 47(7) of the Northern Ireland (Emergency Provisions) Act 1991 (confiscation orders), for “the amount that might then be so realised” there shall be substituted —.
In section 47 of the Act of 1991, the following subsection shall be added at the end—.
Section 48 of that Act (postponed confiscation orders etc.) shall be amended as follows.
In subsection (2), for “a period not exceeding six months after the date of conviction” there shall be substituted “such period as it may specify”.
After subsection (2) there shall be inserted—.
but, without prejudice to Article 11 of the Treatment of Offenders (Northern Ireland) Order 1989, the court may notwithstanding any postponement under this section proceed to sentence or otherwise deal with the defendant in respect of the conviction.
After subsection (3) there shall be inserted—.
Section 52 of the Northern Ireland (Emergency Provisions) Act 1991 shall be amended as follows.
The following subsections shall be substituted for subsection (1)—.
In subsection (2)—
for “is tendered under subsection (1)(a) above” there shall be substituted “is given under this section”; and
after first “indicate” there shall be inserted “within such period as the court may direct”.
The following subsection shall be inserted after subsection (2)—.
In subsection (4), for “tendered” there shall be substituted “given”.
In subsection (5), for the words from “either” to the end there shall be substituted “in such manner as may be prescribed by rules of court or as the court may direct”.
Paragraph 15 (variation of confiscation orders) of Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1991 shall be amended as follows.
In sub-paragraph (1), after “defendant” there shall be inserted “or a receiver appointed under this Schedule, or in pursuance of a charging order, made”.
In sub-paragraph (3), for “defendant” there shall be substituted “person who applied for it”.
Rules of court may make provision—
Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1991 (supplementary provisions about confiscation orders) shall be amended as follows.
Where the defendant serves a term of imprisonment or detention in default of paying any amount due under a confiscation order, his serving that term does not prevent the confiscation order from continuing to have effect, so far as any other method of enforcement is concerned.
The powers conferred on the High Court by paragraphs 5(1) and 6(1) below are exercisable where— Those powers are also exercisable where—
Where the court has made an order under paragraph 5(1) or 6(1) below in relation to a proposed application, by virtue of sub-paragraph (2) above, the court shall discharge the order if the application is not made within such time as the court considers reasonable. The court shall not exercise powers under paragraph 5(1) or 6(1) below, by virtue of sub-paragraph (1) above, if it is satisfied that—
A restraint order—
In relation to a charging order the court—
Where a confiscation order— the High Court may, on an application by the prosecution, exercise the powers conferred by sub-paragraphs (2) to (6) below.
In paragraph 16 (bankruptcy of defendant), the following shall be substituted for paragraphs (a) and (b) of sub-paragraph (6)—.
Proceedings for a relevant offence are concluded— An application under section 48A or 52B of this Act is concluded— An application under section 48B of this Act or paragraph 11 below is concluded— For the purposes of this Schedule, a confiscation order is satisfied when no amount is due under it. For the purposes of paragraph 16 below, a confiscation order is also satisfied when the defendant in respect of whom it was made has served a term of imprisonment or detention in default of payment of the amount due under the order.
Section 67 of the Northern Ireland (Emergency Provisions) Act 1991 (orders and regulations) shall be amended as follows.
In subsection (5), after the words “paragraph 7(3)” there shall be inserted “or 19(1)(a)”.
Subsection (6) shall cease to have effect.
In section 53 of the Northern Ireland (Emergency Provisions) Act 1991 (assisting another to retain proceeds of terrorist-related activities) the following subsection shall be inserted after subsection (3)—.
In section 53 of that Act the following subsection shall be inserted after subsection (4)—.
In subsection (3) of section 54 of that Act (concealing or transferring proceeds of terrorist-related activities), for the words from “that property” to the end of that subsection, there shall be substituted “or uses that property or has possession of it”.
In section 54 of that Act, the following subsection shall be inserted after subsection (3)—.
For section 54(5) of that Act there shall be substituted—.
In section 9 of the Prevention of Terrorism (Temporary Provisions) Act 1989 (contributions towards acts of terrorism), the following shall be inserted at the end of subsection (1)(b)— or.
In section 10 of that Act (contributions to the resources of proscribed organisations), in subsection (1)(b), after the words “or accepts” there shall be inserted “or uses or has possession of”.
In section 12 of that Act (disclosure of information about terrorist funds) for the word “contract”, in subsection (1), there shall be substituted “statute or otherwise”.
In section 12 of that Act, the following subsection shall be inserted after subsection (2)—.
In section 12(3) of that Act, after “section 9(1)(b)” there shall be inserted “or (c)”.
The following subsections shall be added at the end of section 12 of that Act—.
Section 17 (investigation of terrorist activities) of the Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as follows.
In subsection (1)(a)(ii)—
for “or 11 above” there shall be substituted “11, 18 or 18A of this Act”; and
for “or 28” there shall be substituted “28, 53, 54 or 54A”.
For subsection (2) there shall be substituted—.
In subsection (3) (defence in respect of disclosure), after “investigation” there shall be inserted “or proposed investigation”.
The following shall be inserted after subsection (3)—.
In subsection (4) (defence in respect of falsifying material etc.), for the words from “the persons” to the end there shall be substituted “any person conducting, or likely to be conducting, the investigation or proposed investigation”.
The following shall be inserted after subsection (4)—.
In subsection (5) (penalties) after “(2)” there shall be inserted “(2A) or (2B)”.
The following subsection shall be added at the end—.
An individual who has information as an insider is guilty of insider dealing if, in the circumstances mentioned in subsection (3), he deals in securities that are price-affected securities in relation to the information.
An individual who has information as an insider is also guilty of insider dealing if—
he encourages another person to deal in securities that are (whether or not that other knows it) price-affected securities in relation to the information, knowing or having reasonable cause to believe that the dealing would take place in the circumstances mentioned in subsection (3); or
he discloses the information, otherwise than in the proper performance of the functions of his employment, office or profession, to another person.
The circumstances referred to above are that the acquisition or disposal in question occurs on a regulated market, or that the person dealing relies on a professional intermediary or is himself acting as a professional intermediary.
This section has effect subject to section 53.
An individual is not guilty of insider dealing by virtue of dealing in securities if he shows—
that he did not at the time expect the dealing to result in a profit attributable to the fact that the information in question was price-sensitive information in relation to the securities, or
that at the time he believed on reasonable grounds that the information had been disclosed widely enough to ensure that none of those taking part in the dealing would be prejudiced by not having the information, or
that he would have done what he did even if he had not had the information.
An individual is not guilty of insider dealing by virtue of encouraging another person to deal in securities if he shows—
that he did not at the time expect the dealing to result in a profit attributable to the fact that the information in question was price-sensitive information in relation to the securities, or
that at the time he believed on reasonable grounds that the information had been or would be disclosed widely enough to ensure that none of those taking part in the dealing would be prejudiced by not having the information, or
that he would have done what he did even if he had not had the information.
An individual is not guilty of insider dealing by virtue of a disclosure of information if he shows—
that he did not at the time expect any person, because of the disclosure, to deal in securities in the circumstances mentioned in subsection (3) of section 52; or
that, although he had such an expectation at the time, he did not expect the dealing to result in a profit attributable to the fact that the information was price-sensitive information in relation to the securities.
Schedule 1 (special defences) shall have effect.
The Treasury may by order amend Schedule 1.
In this section references to a profit include references to the avoidance of a loss.
This Part applies to any security which— and in the provisions of this Part (other than that Schedule) any reference to a security is a reference to a security to which this Part applies.
falls within any paragraph of Schedule 2; and
satisfies any conditions applying to it under an order made by the Treasury for the purposes of this subsection;
The Treasury may by order amend Schedule 2.
For the purposes of this Part, a person deals in securities if—
he acquires or disposes of the securities (whether as principal or agent); or
he procures, directly or indirectly, an acquisition or disposal of the securities by any other person.
For the purposes of this Part, “acquire”, in relation to a security, includes—
agreeing to acquire the security; and
entering into a contract which creates the security.
For the purposes of this Part, “dispose”, in relation to a security, includes—
agreeing to dispose of the security; and
bringing to an end a contract which created the security.
For the purposes of subsection (1), a person procures an acquisition or disposal of a security if the security is acquired or disposed of by a person who is— in relation to the acquisition or disposal.
his agent,
his nominee, or
a person who is acting at his direction,
Subsection (4) is not exhaustive as to the circumstances in which one person may be regarded as procuring an acquisition or disposal of securities by another.
For the purposes of this section and section 57, “inside information” means information which—
relates to particular securities or to a particular issuer of securities or to particular issuers of securities and not to securities generally or to issuers of securities generally;
is specific or precise;
has not been made public; and
if it were made public would be likely to have a significant effect on the price of any securities.
For the purposes of this Part, securities are “price-affected securities” in relation to inside information, and inside information is “price-sensitive information” in relation to securities, if and only if the information would, if made public, be likely to have a significant effect on the price of the securities.
For the purposes of this section “price” includes value.
For the purposes of this Part, a person has information as an insider if and only if—
it is, and he knows that it is, inside information, and
he has it, and knows that he has it, from an inside source.
For the purposes of subsection (1), a person has information from an inside source if and only if—
he has it through—
being a director, employee or shareholder of an issuer of securities; or
having access to the information by virtue of his employment, office or profession; or
the direct or indirect source of his information is a person within paragraph (a).
For the purposes of section 56, “made public”, in relation to information, shall be construed in accordance with the following provisions of this section; but those provisions are not exhaustive as to the meaning of that expression.
Information is made public if—
it is published in accordance with the rules of a regulated market for the purpose of informing investors and their professional advisers;
it is contained in records which by virtue of any enactment are open to inspection by the public;
it can be readily acquired by those likely to deal in any securities—
to which the information relates, or
of an issuer to which the information relates; or
it is derived from information which has been made public.
Information may be treated as made public even though—
it can be acquired only by persons exercising diligence or expertise;
it is communicated to a section of the public and not to the public at large;
it can be acquired only by observation;
it is communicated only on payment of a fee; or
it is published only outside the United Kingdom.
For the purposes of this Part, a “professional intermediary” is a person—
who carries on a business consisting of an activity mentioned in subsection (2) and who holds himself out to the public or any section of the public (including a section of the public constituted by persons such as himself) as willing to engage in any such business; or
who is employed by a person falling within paragraph (a) to carry out any such activity.
The activities referred to in subsection (1) are—
acquiring or disposing of securities (whether as principal or agent); or
acting as an intermediary between persons taking part in any dealing in securities.
A person is not to be treated as carrying on a business consisting of an activity mentioned in subsection (2)—
if the activity in question is merely incidental to some other activity not falling within subsection (2); or
merely because he occasionally conducts one of those activities.
For the purposes of section 52, a person dealing in securities relies on a professional intermediary if and only if a person who is acting as a professional intermediary carries out an activity mentioned in subsection (2) in relation to that dealing.
For the purposes of this Part, “regulated market” means any market, however operated, which, by an order made by the Treasury, is identified (whether by name or by reference to criteria prescribed by the order) as a regulated market for the purposes of this Part.
For the purposes of this Part an “issuer”, in relation to any securities, means any company, public sector body or individual by which or by whom the securities have been or are to be issued.
For the purposes of this Part—
“company” means any body (whether or not incorporated and wherever incorporated or constituted) which is not a public sector body; and
“public sector body” means—
the government of the United Kingdom, of Northern Ireland or of any country or territory outside the United Kingdom;
a local authority in the United Kingdom or elsewhere;
any international organisation the members of which include the United Kingdom or another member state;
the Bank of England; or
the central bank of any sovereign State.
For the purposes of this Part, information shall be treated as relating to an issuer of securities which is a company not only where it is about the company but also where it may affect the company’s business prospects.
An individual guilty of insider dealing shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding six months or to both; or
on conviction on indictment, to a fine or imprisonment for a term not exceeding ten years or to both.
Proceedings for offences under this Part shall not be instituted in England and Wales except by or with the consent of—
the Secretary of State; or
the Director of Public Prosecutions.
In relation to proceedings in Northern Ireland for offences under this Part, subsection (2) shall have effect as if the reference to the Director of Public Prosecutions were a reference to the Director of Public Prosecutions for Northern Ireland.
An individual is not guilty of an offence falling within subsection (1) of section 52 unless—
he was within the United Kingdom at the time when he is alleged to have done any act constituting or forming part of the alleged dealing;
the regulated market on which the dealing is alleged to have occurred is one which, by an order made by the Treasury, is identified (whether by name or by reference to criteria prescribed by the order) as being, for the purposes of this Part, regulated in the United Kingdom; or
the professional intermediary was within the United Kingdom at the time when he is alleged to have done anything by means of which the offence is alleged to have been committed.
An individual is not guilty of an offence falling within subsection (2) of section 52 unless—
he was within the United Kingdom at the time when he is alleged to have disclosed the information or encouraged the dealing; or
the alleged recipient of the information or encouragement was within the United Kingdom at the time when he is alleged to have received the information or encouragement.
Summary proceedings for an offence of insider dealing may (without prejudice to any jurisdiction exercisable apart from this subsection) be brought against an individual at any place at which the individual is for the time being.
An information relating to an offence of insider dealing that is triable by a magistrates’ court in England and Wales may be so tried if it is laid—
at any time within three years after the commission of the offence, and
within twelve months after the date on which evidence sufficient in the opinion of the Director of Public Prosecutions or the Secretary of State (as the case may be) to justify the proceedings comes to that person’s knowledge.
Summary proceedings in Scotland for an offence of insider dealing— Section 136(3) of the Criminal Procedure (Scotland) Act 1995 (date when proceedings deemed to be commenced) applies for the purposes of this subsection as for the purposes of that section.
must not be commenced after the expiration of three years from the commission of the offence;
subject to that, may be commenced at any time—
within twelve months after the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to that person’s knowledge, or
where such evidence was reported to the Lord Advocate by the Secretary of State, within twelve months after the date on which it came to the knowledge of the latter.
A magistrates’ court in Northern Ireland has jurisdiction to hear and determine a complaint charging the commission of a summary offence of insider dealing provided that the complaint is made—
within three years from the time when the offence was committed, and
within twelve months from the date on which evidence sufficient in the opinion of the Director of Public Prosecutions for Northern Ireland or the Secretary of State (as the case may be) to justify the proceedings comes to that person’s knowledge.
For the purposes of this section a certificate of the Director of Public Prosecutions, the Lord Advocate, the Director of Public Prosecutions for Northern Ireland or the Secretary of State (as the case may be) as to the date on which such evidence as is referred to above came to that person’s notice is conclusive evidence.
Section 52 does not apply to anything done by an individual acting on behalf of a public sector body in pursuit of monetary policies or policies with respect to exchange rates or the management of public debt or foreign exchange reserves.
No contract shall be void or unenforceable by reason only of section 52.
Any power under this Part to make an order shall be exercisable by statutory instrument.
No order shall be made under this Part unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
An order under this Part—
may make different provision for different cases; and
may contain such incidental, supplemental and transitional provisions as the Treasury consider expedient.
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Section 19 of the Act of 1991 (fixing of fines in cases to which the unit fines system did not apply) shall cease to have effect.
The further amendments made by Schedule 3 shall have effect.
The amendments made by this section and that Schedule shall apply in relation to offenders convicted (but not sentenced) before the date on which this section comes into force as they apply in relation to offenders convicted after that date.
In section 1 of the Criminal Justice Act 1991 (restrictions on imposing custodial sentences), the following shall be substituted for subsection (2)(a)—.
In section 2 of the Act of 1991 (length of custodial sentences), in subsections (2)(a) and (3), for the word “other” there shall be substituted “one or more”.
In section 3 of the Act of 1991 (procedural requirements for custodial sentences), in subsection (3)(a), the words “or (as the case may be) of the offence and the offence or offences associated with it,” shall be inserted after the word “offence”.
In section 6 of the Act of 1991 (restrictions on imposing community sentences)—
in subsection (1), for the words “other offence” there shall be substituted “or more offences”; and
in subsection (2)(b), for the word “other” there shall be substituted “one or more”.
In section 7 of the Act of 1991 (procedural requirements for community sentences), in subsection (1), the words “or (as the case may be) of the offence and the offence or offences associated with it,” shall be inserted after the word “offence”.
For section 29 of the Act of 1991 (effect of previous convictions) there shall be substituted—.
In subsection (1) of section 12D of the Children and Young Persons Act 1969 (duty of court to state in certain cases that requirement is in place of custodial sentence), in paragraph (ii)(a) for the words “other offence” there shall be substituted “or more offences”.
In section 38 of the Magistrates' Courts Act 1980 (committal for sentence on summary trial of offence triable either way), in subsection (2)(a), for the word “other” there shall be substituted “one or more”.
The amendments made by this section shall apply in relation to offenders convicted (but not sentenced) before the date on which this section comes into force as they apply in relation to offenders convicted after that date.
In Part I of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences), in the entries relating to section 1 of the Road Traffic Act 1988 (causing death by dangerous driving) and section 3A of that Act (causing death by careless driving while under influence of drink or drugs), in column 4, for “5 years” there shall be substituted “ 10 years ”.
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In section 228(1) of the Criminal Procedure (Scotland) Act 1975 (right of appeal of person convicted on indictment)—
after paragraph (b) (and before the word “or”) insert—; and
in paragraph (c), after “sentence” add “or disposal or order”.
In section 228A of that Act (appeal by Lord Advocate against sentence in solemn proceedings etc.)—
after “conviction” insert “or against any probation order or any community service order under the Community Service by Offenders (Scotland) Act 1978 or against the person’s absolute discharge or admonition or against any order deferring sentence”; and
for paragraph (a) substitute—.
In section 442(1) of that Act (rights of appeal in summary proceedings)—
in paragraph (a)—
after “person convicted” insert “, or found to have committed an offence,”;
in sub-paragraph (i), after “conviction” insert “or finding”;
after sub-paragraph (ii) (and before the word “or”) insert—; and
in sub-paragraph (iii), after “sentence” add “or disposal or order”; and
in paragraph (c)—
after “conviction” insert “or, whether the person has been convicted or not, against any probation order or any community service order under the Community Service by Offenders (Scotland) Act 1978 or against the person’s absolute discharge or admonition or against any order deferring sentence”;
for “the sentence is unduly lenient” substitute—, as the case may be—.
Paragraphs 8(3), 9(2) and 10(3) of Schedule 8 to the Banking Coordination (Second Council Directive) Regulations 1992 shall cease to have effect.
Regulations under section 2(2) of the European Communities Act 1972 for the purpose of implementing— may, notwithstanding paragraph 1(1)(d) of Schedule 2 to that Act, create offences punishable in the same way as offences punishable on summary conviction under section 177 of the Financial Services and Markets Act 2000.
Articles 52 and 159 of Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 relating to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (which requires the United Kingdom to make provision for the exercise in the United Kingdom by supervisory authorities of other Member States of information and inspection powers in relation to institutions authorised by them), or
Articles 119(2) and (3), 122 and 124 to 126 of that Directive (which make similar provision in relation to the consolidated supervision of institutions).
In this section—
“the Supervision of Credit Institutions Directive” means the Community Council Directive No. 92/30/EEC on the supervision of credit institutions on a consolidated basis.
“the Second Banking Co-ordination Directive” means the Community Council Directive No. 89/646/EEC on the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions and amending Directive 77/780/EEC; and
any EU customs duty;
an agricultural levy of the European Union ;
value added tax under the law of another member State;
any duty, tax or other charge not falling within paragraphs (a) to (d) of this definition which is imposed by or in pursuance of any EU instrument on the movement of goods into or out of any member State;
Subsection (1) shall not affect the punishment for an offence committed before that subsection comes into force.
A person who, in the United Kingdom, assists in or induces any conduct outside the United Kingdom which involves the commission of a serious offence against the law of another member State is guilty of an offence under this section if—
the offence involved is one consisting in or including the contravention of provisions of the law of that member State which relate to any of the matters specified in subsection (2);
the offence involved is one consisting in or including the contravention of other provisions of that law so far as they have effect in relation to any of those matters; or
the c onduct is such as to be calculated to have an effect in that member State in relation to any of those matters.
The matters mentioned in subsection (1) are—
the determination, discharge or enforcement of any liability for a Community duty or tax;
the operation of arrangements under which reliefs or exemptions from any such duty or tax are provided or sums in respect of any such duty or tax are repaid or refunded;
the making of payments in pursuance of Community arrangements made in connection with the regulation of the market for agricultural products and the enforcement of the conditions of any such payments;
the movement into or out of any member State of anything in relation to the movement of which any EU instrument imposes, or requires the imposition of, any prohibition or restriction; and
such other matters in relation to which provision is made by any EU instrument as the Secretary of State may by order specify.
For the purposes of this section—
an offence against the law of a member State is a serious offence if provision is in force in that member State authorising the sentencing, in some or all cases, of a person convicted of that offence to imprisonment for a maximum term of twelve months or more; and
the question whether any conduct involves the commission of such an offence shall be determined according to the law in force in the member State in question at the time of the assistance or inducement.
In any proceedings against any person for an offence under this section it shall be a defence for that person to show—
that the conduct in question would not have involved the commission of an offence against the law of the member State in question but for circumstances of which he had no knowledge; and
that he did not suspect or anticipate the existence of those circumstances and did not have reasonable grounds for doing so.
For the purposes of any proceedings for an offence under this section, a certificate purporting to be issued by or on behalf of the government of another member State which contains a statement, in relation to such times as may be specified in the certificate— shall, in the case of a statement falling within paragraphs (a) to (d), be conclusive of the matters stated and, in the other cases, be evidence, and in Scotland sufficient evidence, of the matters stated.
that a specified offence existed against the law of that member State,
that an offence against the law of that member State was a serious offence within the meaning of this section,
that such an offence consists in or includes the contravention of particular provisions of the law of that member State,
that specified provisions of the law of that member State relate to, or are capable of having an effect in relation to, particular matters,
that specified conduct involved the commission of a particular offence against the law of that member State, or
that a particular effect in that member State in relation to any matter would result from specified conduct,
A person guilty of an offence under this section shall be liable—
on summary conviction, to a penalty of the statutory maximum or to imprisonment for a term not exceeding six months or to both; or
on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding seven years or to both.
Sections 145 to 152 and 154 of the Customs and Excise Management Act 1979 (general provisions as to legal proceedings) shall apply as if this section were contained in that Act; and an offence under this section shall be treated for all purposes as an offence for which a person is liable to be arrested under the customs and excise Acts.
The power of the Secretary of State to make an order under subsection (2)(e) shall be exercisable by statutory instrument; and no such order shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
In this section—
“another member State” means a member State other than the United Kingdom;
“Community duty or tax” means any of the following, that is to say—
any Community customs duty;
an agricultural levy of the Economic Community;
value added tax under the law of another member State;
any duty or tax on tobacco products, alcoholic liquors or hydrocarbon oils which, in another member State, corresponds to any excise duty;
any duty, tax or other charge not falling within paragraphs (a) to (d) of this definition which is imposed by or in pursuance of any Community instrument on the movement of goods into or out of any member State;
References in this section, in relation to an EU instrument, to the movement of anything into or out of a member State include references to the movement of anything between member States and to the doing of anything which falls to be treated for the purposes of that instrument as involving the entry into, or departure from, the territory of the European Union of any goods (within the meaning of that Act of 1979).
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The Backing of Warrants (Republic of Ireland) Act 1965 shall be amended as follows.
In section 2 (proceedings before magistrates' courts), the following subsection shall be added at the end—.
The following sections shall be inserted after section 6—.
The Secretary of State may, with the consent of the Treasury, pay such grants, to such persons, as he considers appropriate in connection with measures intended—
to combat or deal with drug trafficking or the misuse of drugs; or
to deal with consequences of the misuse of drugs.
Any such grant may be made subject to such conditions as the Secretary of State may, with the agreement of the Treasury, see fit to impose.
Payments under this section shall be made out of money provided by Parliament.
Part II of Schedule 1 to the Criminal Justice Act 1982 (persons convicted of offences under certain enactments not eligible for early release) shall be amended as follows.
In the entry relating to the Drug Trafficking Offences Act 1986, the following paragraph shall be inserted before paragraph 26—.
In the entry relating to the Criminal Justice Act 1988, the following paragraphs shall be inserted before paragraph 30—.
In section 7(5) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (which applies provisions of that Act to certain children), for “Sections”, where it first occurs, substitute “ Without prejudice to section 6(1)(b)(ii) of this Act, sections 3, ”.
In paragraph 2(2) of Schedule 6 to that Act (which makes transitional provision as respects release on licence on compassionate grounds) after “Act” insert “ , and sections 12 and 17 of this Act in so far as relating to a licence granted, or person released, by virtue of this sub-paragraph, ”.
The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended as follows.
In section 10 (life prisoners transferred to Scotland)—
in subsection (1), the words “(whether before or after the commencement of this section)” shall cease to have effect;
in subsection (2), after “life prisoner” insert “ , except such case as is mentioned in paragraph 7 of Schedule 6 to this Act, ”; and
in subsection (4)—
in paragraph (a), after “has” insert “ (whether before or after the commencement of this section) ”; and
in paragraph (b), after “Scotland” insert “ (whether before or after that commencement) ”.
In Schedule 6 (transitional provisions and savings)—
in paragraph 1, in the definition of “existing life prisoner”, after “person” insert “ (other than a transferred life prisoner) ”;
in paragraph 2(1), for “paragraph 7 below” substitute “ to section 10(4) of this Act ”; and
for paragraph 7 substitute—.
Schedule 4, which confers power on the Secretary of State to make regulations extending certain provisions to Crown servants and to make regulations exempting persons from certain offences, shall have effect.
Sections 70 and 71 shall come into force at the end of the period of two months beginning with the day on which this Act is passed.
Sections 68, 69, 75, 76 and 79(1) to (12), paragraph 2 of Schedule 5 and, in so far as relating to the Criminal Procedure (Scotland) Act 1975 and the Prisoners and Criminal Proceedings (Scotland) Act 1993, Schedule 6, shall come into force on the passing of this Act.
The other provisions of this Act shall come into force on such day as may be appointed by the Secretary of State by an order made by statutory instrument.
Different days may be appointed under subsection (3) for different provisions and different purposes.
Nothing in any provision in Part I applies to any act, omission or other event occurring before the coming into force of that provision.
Where a person is charged with a relevant offence which was committed before the coming into force of a provision of Part II, Part III, or (as the case may be) Part IV, that provision shall not affect the question whether or not that person is guilty of the offence and, where it confers a power on the court, shall not apply inm proceedings instituted befor the coming into force of that provision.
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for an offence committed before the commencement of section 14; or
for one or more offences, any one of which was so committed.
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for an offence committed before the commencement of section 42; or
for one or more offences, any one of which was so committed.
In subsection (6) “relevant offence” means an offence in relation to which provision is made by Part II, Part III or Part IV, other than an offence created by that Part.
An order under subsection (3) may contain such transitional provisions and savings as the Secretary of State considers appropriate.
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This Act may be cited as the Criminal Justice Act 1993.
The following provisions of this Act extend to the United Kingdom— Part V; sections 21(1) and (3)(h), 23, 24, 45 to 51, 70 to 72, 77, 78 and this section; Schedules 1 and 2; and paragraphs 4 . . . and 6 of Schedule 4.
The following provisions of this Act extend only to Great Britain— sections . . .21(3)(e), . . .29 to 32, 34(1), 35, 67(1) and 73; and paragraph 3 of Schedule 4.
The following provisions of this Act extend only to Scotland— sections 17, 19, 20(2), 21(3)(c) and (d), 22(2), 24(12) to (15), 26(2), 33, 68, 69, 75 and 76; and paragraph 2 of Schedule 4.
Sections 21(3)(f) and 34(2) and paragraph 5 of Schedule 4extend to Scotland and Northern Ireland only.
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The provisions of Schedules 5 and 6 have the same extent as the provisions on which they operate.
Otherwise, this Act extends to England and Wales only.
Her Majesty may by Order in Council direct that such provisions of this Act as may be specified in the Order shall extend, with such exceptions and modifications as appear to Her Majesty to be appropriate, to any colony.
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An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to purposes of any of sections 16, 18 and 29 to 32—
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Schedule 5 (consequential amendments) shall have effect.
The repeals and revocations set out in Schedule 6 (which include the repeal of two enactments which are spent) shall have effect.
Section 53(4).
An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows that he acted in good faith in the course of— A market maker is a person who— In this paragraph “approved organisation” means an international securities self-regulating organisation approved by the Treasury under any relevant order under section 22 of the Financial Services and Markets Act 2000.
An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows that— In determining whether it is reasonable for an individual to do any act despite having market information at the time, there shall, in particular, be taken into account—
An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows—
that he acted—
in connection with an acquisition or disposal which was under consideration or the subject of negotiation, or in the course of a series of such acquisitions or disposals; and
with a view to facilitating the accomplishment of the acquisition or disposal or the series of acquisitions or disposals; and
that the information which he had as an insider was market information arising directly out of his involvement in the acquisition or disposal or series of acquisitions or disposals.
For the purposes of paragraphs 2 and 3 market information is information consisting of one or more of the following facts—
that securities of a particular kind have been or are to be acquired or disposed of, or that their acquisition or disposal is under consideration or the subject of negotiation;
that securities of a particular kind have not been or are not to be acquired or disposed of;
the number of securities acquired or disposed of or to be acquired or disposed of or whose acquisition or disposal is under consideration or the subject of negotiation;
the price (or range of prices) at which securities have been or are to be acquired or disposed of or the price (or range of prices) at which securities whose acquisition or disposal is under consideration or the subject of negotiation may be acquired or disposed of;
the identity of the persons involved or likely to be involved in any capacity in an acquisition or disposal.
An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows that he acted in conformity with— The time is the beginning of the day on which the Market Abuse (Amendment) (EU Exit) Regulations 2019 are made.
An individual (“A”) is not guilty of insider dealing by virtue of dealing, or encouraging another person to deal, in securities through a trading venue in Gibraltar if A shows that A acted in conformity with—
the following as they have effect in Gibraltar law—
Article 5 of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation), and
each EU regulation originally made under that Article, and
all other applicable Gibraltar law (if any).
An individual (“A”) is not guilty of insider dealing by virtue of dealing, or encouraging another person to deal, in securities through a trading venue in an EEA State if A shows that A acted in conformity with—
the following as they apply in the EEA State—
Article 5 of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation), and
each EU regulation made under that Article, and
all other applicable law of the EEA State (if any).
For the purposes of paragraphs 6 and 7 “trading venue” has the meaning given by Article 2(1)(16) of Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012, as substituted by the Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1403).
Transferable securities.
Derivative instruments for the transfer of credit risk.
Financial contracts for differences.
Options, futures, swaps, forward rate agreements and any other derivative contracts relating to climatic variables, freight rates or inflation rates or other official economic statistics that must be settled in cash or may be settled in cash at the option of one of the parties other than by reason of default or other termination event, as well as any other derivative contracts relating to assets, rights, obligations, indices and measures not otherwise mentioned in this Schedule, which have the characteristics of other derivative financial instruments, having regard to whether, inter alia, they are traded on a UK regulated market, a UK OTF, or a UK MTF.
Emission allowances consisting of any units recognised for compliance with the requirements of Directive 2003/87/EC (Emissions Trading Scheme) or allowances created under article 18 of the Greenhouse Gas Emissions Trading Scheme Order 2020.
Money-market instruments.
Part 2 of Schedule 2 to the RAO (“the RAO Schedule”) (financial instruments and investment services and activities) applies for the purposes of Part 1 of this Schedule as it applies for the purposes of Part 1 of the RAO Schedule but as if references in Part 2 of the RAO Schedule to paragraphs in Part 1 of the RAO Schedule were references to the equivalent paragraphs in Part 1 of this Schedule.
Terms used in this Schedule and in the RAO have the same meaning in this Schedule as in the RAO.
References in paragraphs 12 and 13 to the RAO are to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544) as it had effect on 17th April 2023.
Units in collective investment undertakings.
Options, futures, swaps, forward rate agreements and any other derivative contracts relating to securities, currencies, interest rates or yields, emission allowances or other derivatives instruments, financial indices or financial measures which may be settled physically or in cash.
Options, futures, swaps, forwards and any other derivative contracts relating to commodities that must be settled in cash or may be settled in cash at the option of one of the parties (other than by reason of a default or other termination event).
Options, futures, swaps, and any other derivative contract relating to commodities that can be physically settled provided they are traded on a UK regulated market, a UK MTF or a UK OTF, except for wholesale energy products traded on a UK OTF that must be physically settled.
Options, futures, swaps, forwards and any other derivative contracts relating to commodities, that can be physically settled not otherwise mentioned in paragraph 6 and not being for commercial purposes or wholesale energy products traded on an EU OTF that must be physically settled, which have the characteristics of other derivative financial instruments.
Section 65(3).
In section 17 of the Criminal Justice Act 1991 (increases in certain maximum fines), subsection (3)(e) shall cease to have effect. In Schedule 4 to that Act (increase of certain maxima) Part V shall cease to have effect.
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Section 22 of the Act of 1991 (default in paying fines fixed under section 18 of that Act) shall cease to have effect.
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Section 77.
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The same section as is inserted in the Act of 1986 by paragraph 1 shall be inserted in the Criminal Justice (Scotland) Act 1987, after section 46, as section 46A, but with the substitution—
in subsection (1), of “ sections 42 to 43B of this Act ” for “sections 23A, 24, 26B, 26C and 31 of this Act”; and
in subsection (2), of “ 43A ” for “26B”.
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the substitution in subsection (1), of “sections 93A, 93B, 93C(2) and 93D above” for “sections 23A, 24, 26B, 26C and 31 of this Act”; and
the omission of subsections (2) to (4).
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in subsection (1), of “sections 9 to 11, 17 and 18A above” for “sections 23A, 24, 26B, 26C and 31 of this Act”; and
in subsection (2), of “18A” for “26B”.
The same section as is inserted in the Act of 1986 by paragraph 1 shall be inserted in the Criminal Justice (International Co-operation) Act 1990, after section 23, as section 23A, but with—
the substitution in subsection (1), of “ section 14(2) above ” for “sections 23A, 24, 26B, 26C and 31 of this Act”; and
the omission of subsections (2) to (4).
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in subsection (1), of “sections 53, 54(2) to (6) and 54A above” for “sections 23A, 24, 26B, 26C and 31 of this Act”; and
in subsection (2), of “54A” for “26B”.
Section 79(13).
In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), the following shall be substituted for subsection (1)—.
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In section 82(2)(b) of the Companies Act 1989 (request for assistance by overseas regulatory authority) for “the Company Securities (Insider Dealing) Act 1985” there shall be substituted “ Part V of the Criminal Justice Act 1993 (insider dealing) ”.
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Section 79(14).
Chapter Short title Extent of repeal 1975 c. 21. The Criminal Procedure (Scotland) Act 1975. In section 442B, the words “against sentence alone”. 1980 c. 43. The Magistrates Courts Act 1980. In section 12(1)(a) the words “and section 18 of the Criminal Justice Act 1991 (unit fines)”. 1985 c. 8. The Company Securities (Insider Dealing) Act 1985. The whole Act. 1986 c. 32. The Drug Trafficking Offences Act 1986. In section 1, in subsection (5)(b)(iii), the words from “section 39” to “bankruptcy orders)” and subsection (8).In section 5(3), the words “sections 3 and 4 of”.In section 26A(3), the words from “or by” to the end.In section 27(5), the words “or, as the case may be, the sheriff”.In section 38(2), the entries relating to a confiscation order and a defendant. . . . . . . . . . . . . . . .. . . . 1987 c. 38. The Criminal Justice Act 1987. In section 3(6)(i), the words “or any corresponding enactment having effect in Northern Ireland”. 1988 c. 33. The Criminal Justice Act 1988. Section 48.Section 98. 1989 c. 4. The Prevention of Terrorism (Temporary Provisions) Act 1989. In section 9(1), the word “or” immediately before paragraph (b). 1989 c. 40. The Companies Act 1989. Section 209. 1990 c. 5. The Criminal Justice (International Co-operation) Act 1990. Section 14(3) and (5). 1991 c. 24. The Northern Ireland (Emergency Provisions) Act 1991. In section 48(3), the words “during the period of postponement”.In section 50(2), the word “or” immediately before paragraph (c).Section 51(3).Section 67(6). 1991 c. 53. The Criminal Justice Act 1991. Section 17(3)(e).Section 19.Section 20(5).Section 22.Section 28(3).In section 30(1), the words “or the Lord Chancellor”.In Schedule 4, Part V.In Schedule 11, paragraph 24. 1993 c. 9. The Prisoners and Criminal Proceedings (Scotland) Act 1993. In section 10(1), the words “(whether before or after the commencement of this section)”.
Number Title Extent of revocation S.I. 1986/1034 (N.I. 8). The Company Securities (Insider Dealing) (Northern Ireland) Order 1986. The whole Order. S.I. 1989/2404 (N.I. 18). The Companies (Northern Ireland) Order 1989. In Article 2(2), the definition of “the Insider Dealing Order”.In Article 11(1), the words “or Article 16A of the Insider Dealing Order”.Articles 27 to 34.Article 35(2) and (3). S.I. 1989/2405 (N.I. 19). The Insolvency (Northern Ireland) Order 1989. Article 104A(1)(b). S.I. 1990/1504 (N.I. 10). The Companies (No.2) (Northern Ireland) Order 1990. In Article 2(2), the definition of “the Insider Dealing Order”.Articles 21 to 23. S.I. 1992/3218. The Banking Coordination (Second Council Directive) Regulations 1992. In Schedule 8, paragraphs 8(3), 9(2) and 10(3).In Schedule 10, paragraphs 17 and 25.